deposito brevetto

What is a patent and what is it for

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The importance of a patent

Patent: what is it and what is it for

What is it?

The European patent with unitary effect allows, by the payment of a single fee, to obtain at the same time the patent protection in 25 countries of the EU of the initiative: Italy, France, Germany, Netherlands, Belgium, Luxembourg, Poland, Malta, Cyprus, Greece, Sweden, Denmark, Finland, Estonia, Latvia, Lithuania, Czech Republic, Slovak Republic, Slovenia, Portugal, Austria, Romania, Bulgaria, Hungary, Ireland.

Why is it usefull?

When should you patent an idea? Filing a patent application is useful for both companies and private individuals which intend to valorise their own intellectual property and operate on the market in complete safety. Indeed, the patent allows the proprietor to prevent possible use, imports and commercialisation of the patented product by third parties, limited to the countries in which the patent has been granted.

It is possible to patent a product or a process able to solve an existing technical problem.

It is possible to patent a product or a process like:

Today more than ever, companies can obtain competitive benefits and distinguish themselves from the competition thanks to the innovation and the technical progress. In this regard, the act of patenting gains a great value, as it allows to valorise innovative technical solutions, which are result of creativity and investments in research.

Depreciation of patents

Depreciation of patents

To incentivize companies to invest in research and development, there are some deductions for patent filings.

In particular, the current tax legislation provides that you can detract up to 50% of a the patent cost, including a minimum amortisation period of only two years.

We can help you shape your ideas, protect, and valorise them

During the preliminary development and creation phase of the technical solution, we can assist you by giving you patentability advice to check whether your technical solution meets the legal requirements for protection.

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During the preliminary development and creation phase of the technical solution, we can assist you by giving you patentability advice to check whether your technical solution meets the legal requirements for protection.

deposito brevetto | Deoposito brevetti | Registrazione brevetti | registrare un brevetto | registrazione brevetto

Together, we try to figure out what is the best solution to protect your creations.

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An important specification

Patent or utility model?

What happens if your invention doesn’t have a sufficient degree of inventive step? In Italy, in these cases, it is advisable to choose the utility model which allows to protect minor modifications and/or functional improvement to already existing objects.

Besides, the utility model provides for a lower temporary protection than the patent, that is 10 years from the filing.

Patent and principle of territoriality

European and international patent

The principle of territoriality applies to patents, for which each national patents produces effects exclusively within the country where a patent has been granted. If you want your invention to be protected also in the rest of Europe or of the world, it is advisable to choose European patents or international patents.

Deposito brevetto europeo

The European patent allows, through the filing of a single application, to protect an invention in several countries at the same time. This patent is granted by the European Patent Office (EPO) and it is valid in the 28 EU members, as well as in 10 other countries (Albania, Iceland, Liechtenstein, Republic of North Macedonia, Monaco, Norway, San Marino, Serbia, Switzerland and Turkey).

Per ottenere il deposito di un brevetto europeo, è sufficiente presentare un’unica domanda presso l’Ufficio Brevetti Europeo mediante la quale è possibile ottenere tutela con un’unica domanda in tutti gli Stati che aderiscono alla convenzione sul brevetto europeo.

Once granted, however, the European patent must be validated in each country you want it to be protected in. The procedure can become complicated and expensive because the requirements to obtain the validation vary depending on every country and you would probably incur high expenses, such as translation costs and renewal taxes.

In order to reduce further costs and expenses of the European patent procedure and to simplify the procedure, the European patent with unitary effect has been implemented.

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Deposito brevetto europeo con effetto unitario

The European patent with unitary effect allows, by the payment of a single fee, to obtain at the same time the patent protection in 25 countries of the EU of the initiative: Italy, France, Germany, Netherlands, Belgium, Luxembourg, Poland, Malta, Cyprus, Greece, Sweden, Denmark, Finland, Estonia, Latvia, Lithuania, Czech Republic, Slovak Republic, Slovenia, Portugal, Austria, Romania, Bulgaria, Hungary, Ireland.

The unitary patent doesn’t replace neither the national patent nor the European one.

The unitary patent is granted by the European Patent Office (EPO) and unlike the European patent, it grants a unique patent protection in all 25 countries of the EU which take part to this agreement. Therefore, it is not necessary to request the validation of this patent in each country because it occurs automatically and doesn’t require any action from the proprietor.

This patent leads to big economic and bureaucratic advantages to individuals and companies: the translation and administrative costs are reduced up to 80% and only a single annual fee has to be paid for the maintenance of that patent.

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Deposito brevetto internazionale

The international patent, also known as PCT (from Patent Cooperation Treaty, the agreement with which it was introduced) allows, with a single application, to protect your own invention in all the countries taking part to this treaty. Such a procedure considers an initial phase in front of the international office WIPO and later on a national phase by the national offices of each country you decide to protect the above-mentioned patent in.

It is a rather complex procedure, and you have to communicate with the international patent office in English, German or French.

It is recommended to seek advice from specialists in the matter for international patents.

Request a consultation

The world of patents is articulate and the procedures to patent an invention may, at first sight, seem too complex. Don’t let this be an obstacle: choose always to protect your ideas.

For 70 years we have offered consultancy services to entrepreneurs and enterprises, and we took care of their inventions.

We are willing to support you in patenting your inventions both in Italy and abroad and we assist you through all the phases of the process, from preliminary research up to maintenance and renewal of the title.

Patent an idea? Yes but careful!

The world of patents is articulate and the procedures to patent an invention may, at first sight, seem too complex. Don’t let this be an obstacle: choose always to protect your ideas.

For 70 years we have offered consultancy services to entrepreneurs and enterprises, and we took care of their inventions.

European patent with unitary effect

The European patent with unitary effect allows, with the payment of a single fee, to simultaneously obtain patent protection in 25 EU countries participating in the initiative.

Patent and principle of territoriality

On the basis of the principle of territoriality, a national patent has effect within the state that granted it. European patents or international patents.

FAQ

Let’s clear up some misunderstandings

Do you have any specific questions?
Contact us now. Our Team will give you all the information you are looking for!

Yes. By means of a licence agreement, the patent owner can grant the right to another person to use the patented invention against payment of a royalty.

A patent expires 20 years from the filing date of the patent while a utility model expires 10 years from the filing date.

During that time, the patent must be enforced, and the maintenance fees must be paid regularly.

Some of the many benefits of patenting an invention are: gaining a strong position in the market, exclusive right to use the invention, profits from royalties paid for the use of the invention, access to new markets, fighting counterfeiting.

For industrial patents, the deduction of depreciation charges not exceeding 50% of the cost is allowed. As far as it concerns taxes, industrial patents are regulated as intangible assets (art. 103 TUIR).

Patents are territorial rights, i.e. they only produce effects within the territory in which they are filed and granted. It is therefore essential to extend protection to countries where the product is marketed or exported, as well as to countries where the counterfeiting rate is high.

Contact us

Write us and we will contact you as soon as possible by a professional of our firm that will be ready to advise you on the best way to protect your intellectual property.


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